Miami Accident Lawyer Blog

July 28, 2015

Understanding Comparative Negligence for Your Miami Auto Accident Case

When someone gets involved in an auto accident and suffers an injury, whether in Fort Lauderdale, Broward County, or any other area of Florida, they usually want the driver that hit them to be held responsible and cover their medical bills, lost wages, and other damages. However, you need to be aware of a legal doctrine known as comparative negligence. As Miami personal injury attorneys, we deal with this doctrine on a daily basis.

Understanding Comparative Negligence

If you partially contributed to the cause of the accident that resulted in your harm, a judge or jury can take that into consideration and compare the negligence of both parties. This comparison can result in a reduction in the amount of damages the other party has to pay, based on a determination of comparative negligence. For example, let’s say you are a pedestrian hit by a driver, but the evidence indicates that you were walking across the street in an area not designated for pedestrians. A judge or jury, applying comparative negligence, could determine that both you and the driver were negligent and apportion damages accordingly. They could, for example, determine that the driver was 75 percent negligent and you were 25 percent negligent and reduce any monetary damages award by 25 percent.

July 20, 2015

Why You Should Hire a Miami Motorcycle Accident Injury Lawyer

by Gerson & Schwartz, P.A.

The Center for Urban Transportation Research (CUTR) and University of South Florida report that motorcycle accident injuries have increased by 50 percent and motorcycle fatalities have increased by almost 90 percent during the past decade. During the same period, traffic fatalities have reduced by 20 percent and traffic injuries have reduced by 10 percent. Why such a disparity? Well, the fact is that when a motorcyclist is involved in a serious accident, he or she usually takes the brunt of the damage and suffers potentially life-threatening injuries. A seriously injured motor bike rider should strongly consider hiring a Miami motorcycle accident injury lawyer to possibly pursue a claim on his or her behalf.

Studies conducted by the U.S. National Highway Traffic Safety Administration (NHTSA) showed that motorcycle riders have a have a higher fatality rate per unit of distance travelled as compared to four-wheeler automobiles, often as high as 35 times more than a passenger car. Yes, you read that correctly. If you or a loved one is operating a motorcycle, you are 35 times more likely to lose your life in an accident. This is mainly due to the fact that the operator of a motorcycle is largely exposed apart from his helmet-covered head, and naturally is at a much greater risk of severe injury upon collision with a larger vehicle, which is more than hundred times heavier than his own mass. Moreover, in maximum cases the car collides with the motorcycle in a head-on collision while taking a turn or cutting through an intersection, and results in immediate death.

If you or a loved one is the victim of a motorcycle crash caused by the carelessness of another driver, consider speaking to a Miami personal injury attorney with experience handling motorcycle accident cases.

July 16, 2015

Crosswalk Accidents – Who Has the Right of Way?

by Gerson & Schwartz, P.A.

Florida ranks consistently as one of the worst states in terms of pedestrian safety. According to 2012 data published by the National Highway Traffic Safety Administration, pedestrian fatalities were highest in California (612), followed by Texas (478) and Florida (476). If you or a loved one was hit by a vehicle while in a crosswalk, you should consider speaking to an experienced Miami personal injury attorney to determine whether you have the legal grounds to pursue a civil claim.

Understanding Crosswalk Laws in Florida

Crosswalk laws in Florida are codified in the Florida Statutes Section 316.130 and discuss in detail the rights of a pedestrian while walking on a crosswalk. Pedestrian is defined as “anyone on foot,” provided there is some kind of movement associated with them. Persons on wheelchairs or roller-skates can also be considered pedestrians. However, cyclists are NOT considered pedestrians since they are operating a mode of transportation.

July 14, 2015

Understanding the Statute of Limitations for a Miami Personal Injury Case

by Gerson & Schwartz, P.A.

You are driving down Coral Way in Miami and another vehicle t-bones your car. You smack your head against the driver’s side window and the airbags deploy. You have suffered serious injuries and will likely need significant treatment. When should you hire a Miami personal injury lawyer?

Answer: sooner rather than later. Why? Because of the statute of limitations.

The statute of limitations is a finite period of time which has been fixed by law. It is the window of time that a plaintiff (i.e. the injured party) must file a claim in order to be heard in a court of law. In other words, if a suit is filed after the statute of limitations expires, the case is likely to be dismissed irrespective of the seriousness of the injury or the amount of compensation claimed. Statute of limitations apply to virtually all civil cases, including personal injury cases.

July 6, 2015

The Long-Term Consequences of a Traumatic Brain Injury

by Gerson & Schwartz, P.A.

The Brain Injury Association of America (BIAA) defines a Traumatic Brain Injury (a.k.a TBI) as “an alteration in brain function, or other evidence of brain pathology, caused by an external force.” Anyone can fall victim to a traumatic brain injury at any time. Our team of Miami personal injury attorneys have heard of people suffering TBIs in car accidents, motorcycle wrecks, truck accidents, and many other preventable accidents. The consequences can be devastating and life altering.

Living with a Traumatic Brain Injury

Adequately funding the treatment for a traumatic brain injury victim can be extremely difficult because of increased need of medication, rehabilitation, post-injury checkups, and potentially dedicated at-home care.

July 1, 2015

Passenger Killed in Tragic Accident on U.S. 301 and University Parkway

by Gerson & Schwartz, P.A.

As Miami personal injury lawyers with decades of experience handling serious car accident cases, we found the news of a tragic wreck that occurred in Sarasota, Florida truly heartbreaking. A 2007 BMW 750 Li was reportedly traveling northbound on U.S. 301 “at a high rate of speed” at around 2:40 a.m. when the driver failed to slow down while turning right onto University Parkway. The vehicle wound up cutting through the grass along the shoulder of the Parkway and crashed into an embankment. The high rate of speed caused the vehicle to become airborne ultimately coming in contact with a railroad support pole located on nearby railroad tracks. The vehicle then became engulfed in flames.

An innocent passenger’s life was extinguished in the accident. The victim was a Sarasota resident only 40 years young, according to a news report on Patch.com written by Ethan Levine.

Our deepest condolences go out to the victim’s family and friends. Losing someone you love is never easy, especially when the loss is sudden and completely unexpected.

June 29, 2015

Three Reasons to Hire a Miami Personal Injury Lawyer

by Gerson & Schwartz, P.A.

You are driving along a major road in Broward County, Miami Beach, Coral Cables, or any other locality in Florida when you get t-boned by another vehicle. The damage to your vehicle is extensive and you suffer serious physical injuries in the collision. Should you hire a Miami personal injury lawyer? This is an important question many Floridians struggle with. You may have heard some erroneous information about lawyers and needing to pay a big retainer fee to even speak to a lawyer for a few minutes. Do not hesitate. Below are three important reasons why it makes sense for you to speak to a Miami, FL injury lawyer.

Insurance Companies Treat People Differently if They Don’t Have a Lawyer

Make no mistake about it. When an insurance adjuster gets a call or letter from an unrepresented claimant, they routinely treat that claimant differently. In fact, many insurance adjusters will try to reach out to you shortly after the accident and offer a quick settlement before you even think about contacting an experienced Miami personal injury attorney. There have even been instances where an insurance adjuster will mislead a claimant and say, “You don’t need a lawyer. They’ll just take a big chunk of your settlement and leave you with a pittance.”

June 22, 2015

Do You Need Experts in a “Simple” Auto Accident Case?

by Gerson & Schwartz, P.A.

It may seem like a personal injury trial that involves an automobile accident, especially one with clear liability, would not need an abundance of experts to make a case to a jury. In fact, to many people, in cases where negligence is clear, the case may seem “easy.” But in fact, even a straightforward auto injury case, can end up involving a multitude of experts.

Who is an Expert?

An expert is needed to testify about matters that require more than what a layperson would know in a given field. In fact, it may even require testimony beyond what someone who is just working in a given field would ordinarily know.

June 18, 2015

Sovereign Immunity Can Affect Your Case if You Don’t Know Where to Look for it

by Gerson & Schwartz, P.A.

Suing the government, whether it is the city or state or an arm or branch of government, seems like a given right. But in many countries, citizens have no right to sue the government because of a doctrine called sovereign immunity. Like many states in the U.S., Florida has enacted laws that specifically allow citizens to sue the government, thus waiving sovereign immunity.

Still, the government can’t be sued the same way private companies or people can. Sovereign immunity has many advantages to the government and its agencies, including a limitation on how much can be recovered in damages by an injured victim.

Who Gets Sovereign Immunity?

June 15, 2015

Bias Evidence Can Hurt, as Well as Help, Injury Victims

by Gerson & Schwartz, P.A.

A few weeks back, we discussed how the relationship between a defendant and the doctors or experts testifying on his behalf can be discovered by the Plaintiff to be used as evidence of bias. Generally, the longer and more sustained the relationship between a party and a doctor, the more likely it is that a jury will infer that the expert’s testimony is biased towards that party.

But defendants also like to use the victim’s lawyers relationship with physicians as a weapon as well, in an attempt to avoid its own responsibility for its negligent acts.

How Clients are Referred to Doctors